If you are facing a domestic abuse allegation, you need a domestic abuse lawyer who will stand by your side to defend you against these allegations. Even though most allegations of domestic abuse are misdemeanor violations, you could face a felony charge depending on the circumstances of your case. Furthermore, a domestic violence protective order (DVPO) carries significant consequences that impact several areas of your life. You deserve to have someone on your side who fights for your right to be treated fairly during every aspect of the judicial process.
Emergency Domestic Violence Protective Order
Under Chapter 50B of the North Carolina Statutes, a judge can issue a domestic violence protective order before you are even aware of a domestic violence allegation against you. An ex-parte Chapter 50B order remains in force for 10 days from the date of the order. You are not given notice of the Chapter 50B ex-parte hearing, and the resulting order can keep you away from your home, your family, and other places.
Potential consequences of a DVPO include:
- Give possession of your home to the alleged victim and order you to vacate the home;
- Give custody of your children to the victim or another person;
- Order you to pay spousal and/or child support;
- Prevent you from seeing the victim or being within a certain distance of the victim;
- Prevent you from seeing your children without supervision;
- Give possession of other property to the alleged victim; and,
- Prevent you from purchasing and/or possessing firearms.
If the judge does not hear the case on an ex-parte basis (ex-parte means you are not given notice of the hearing), a hearing on the domestic abuse allegations is scheduled within five days. You are given notice of the hearing. You have the right to hire a domestic abuse lawyer and to present a defense to the allegations at the hearing. However, if the judge rules in favor of the plaintiff/petitioner and issues a Chapter 50B order, that order may remain in force for up to one year.
Therefore, it is crucial that you call a domestic abuse lawyer immediately if you receive notice of a domestic abuse hearing. You may have a valid defense to the allegations of domestic abuse (i.e. self-defense, false allegations, etc.). Your best chance of beating a domestic abuse allegation is mounting a strong defense as quickly as possible.
If you suspect your spouse, partner, ex-girlfriend, boyfriend, or any other person is seeking a protective order, do not wait to contact our office to speak with a domestic abuse lawyer. Our attorneys can help protect your rights at a Chapter 50B hearing as well as defend you against any criminal charges that you may face as a result of the abuse allegations.
Who Can File Domestic Abuse Allegations in North Carolina?
Chapter 50B of the North Carolina statutes defines domestic abuse, including who can be victims of domestic abuse. The following individuals can file allegations of domestic abuse and request a Chapter 50B DVPO:
- Spouses and ex-spouses
- Any person of the opposite sex who lives with you or who previously lived with you
- Your child or grandchild
- Your parent or grandparent
- Any person with whom you have a child
- A current or former member of your household
- A person of the opposite sex that you are currently dating or you have dated in the past
Domestic violence allegations are not limited to actions that inflict bodily injury. You can be charged with domestic violence for:
- Making threats
- Some telephone calls
- Unwanted or forced sexual acts
- Verbal abuse
- Financial abuse (i.e. not paying bills, withholding money, not purchasing personal necessities, etc.)
- Social abuse (i.e. violating privacy rights, reading a person’s mail, monitoring telephone calls, possessiveness, jealousy, etc.)
- Child abuse
- Any form of physical abuse, assault, or unwanted touching
A domestic abuse lawyer is your best line of defense when facing domestic abuse allegations.
Contact a Jacksonville Domestic Abuse Lawyer Now
“Attorneys Who Aggressively Protect Your Rights”
Contact Welch and Avery by calling (910) 665-9134 or contact us online to discuss your case with an experienced domestic abuse lawyer. We fight for your right to receive a fair hearing and a fair trial regarding your domestic violence offenses. An arrest is not a guilty sentence. You have the right to present evidence to refute the allegations of the accuser. Our attorneys are ready to help you do that.
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